Article 5.4: Use Permits - Town of Gilbert

Article 5.4: 

Use Permits 

Sections: 

5.401 Purpose and Applicability 

5.402 Procedures 

5.403 Required Findings 

5.404 Expiration; Modifications; Revocation 

5.405 Appeals 

5.406 Effective Date of Permit 

5.401 Purpose and Applicability 

Chapter I, Division 2: Land Use Regulations sets forth those uses for which a use permit is 

required. No use requiring a use permit may be commenced until a use permit is obtained. 

Generally these uses require special consideration to ensure that they can be designed, 

located, and operated in a manner that will not interfere with the use and enjoyment of 

surrounding properties. The process for review of use permit applications is designed to 

evaluate possible adverse impacts and to minimize them where possible through the 

imposition of specific conditions or requirements. Approval of a use permit requires review 

of the location, design, configuration, and special impacts of a proposed use to determine, 

based on standards set forth in the Zoning Code, the desirability of permitting the use on a 

particular site. 

This article sets forth the requirements for three use permit classifications: 

A. Administrative Use Permit. A use permit approved by the Zoning Administrator for a 

use in specified districts based on a determination of compliance with standards set 

forth in the Base District Regulations and individual review of their location, design, 

configuration, intensity, and density of use or structures. 

B. Conditional Use Permit. A use permit approved by the Planning Commission for a 

use in specified districts based on a determination of compliance with standards set 

forth in the Base District Regulations and individual review of their location, design, 

configuration, intensity, and density of use or structures. 

C. Special Use Permit. A use permit approved by the Planning Commission for a use in 

any zoning district, based on consideration of the technical requirements of the use, 

characteristics of the location where the use is proposed to be established, and impacts 

on adjacent uses. Examples of uses that require Special Use Permits are Agritainment, 

police and fire stations, wastewater treatment facilities, and water reservoirs. 

2-24-11 Chapter I, Article 5.4 - Page 1

Town of Gilbert Land Development Code 

5.402 Procedures 

A. Administrative Use Permit. The following procedures shall apply to applications for 

Administrative Use Permits (AUP): 

1. Application. An application for an Administrative Use Permit shall be filed 

with the Development Services division in accordance with the application 

procedures set forth in Article 5.2: Common Procedures. 

2. Neighborhood Notice. The Zoning Administrator shall prepare a 

Neighborhood Notification for applications for Administrative Use Permits. 

The notice shall be subject to the following requirements: 

a. At least 15 days prior to the date of the Notice of Decision, the 

applicant shall notify by first-class mail: 

(1) All property owners of record within 300 feet of the property, 

unless the General Plan or other policy adopted by the Town 

Council requires notification within a larger area; 

(2) All HOAs within 1,000 feet of the property; 

(3) All neighborhoods within 1,000 feet of the property that are 

registered with the Town of Gilbert Neighborhood Services 

Office; 

(4) The property owner if the application is initiated by a person 

other than the property owner; and 

(5) Any person or group who has specifically requested notice 

regarding the application. 

b. The Director of Planning may expand the notification area set forth in 

Section 5.402A.2a.(1), 5.402A.2a.(2), and 5.402A.2a.(3) if he 

determines the potential impact of the project extends beyond the 

required notification boundary; 

c. The applicant shall submit a signed affidavit and copies of the mailing, 

along with any responses and applicant’s action, prior to decision. 

Failure of applicant to provide evidence of mailing shall result in a 

deferment of action on the item. 

d. The neighborhood notification shall describe the proposed use; the date 

the decision will be rendered by the Zoning Administrator; the time and 

place where the public may review the entire application; and the 

procedure and deadline for filing an appeal of the decision. 


Article 5.4: Use Permits 

3. Validity of Proceedings. The validity of the proceedings shall not be affected 

by the failure of any person to receive such mailed notice. 

4. Option to Require Public Hearing. The Zoning Administrator may require a 

public hearing before the Planning Commission for any Administrative Use 

Permit application that the Zoning Administrator determines to have special 

neighborhood or community significance. In such cases, the Commission shall 

review and act upon the Application in the manner described in this article for 

Conditional and Special Use Permits. The Zoning Administrator shall not 

schedule such applications for consideration by the Commission until the 

applicant has paid a fee for a public hearing as set by Council resolution. 

5. Action. Except as provided for in Section 5.402A.4: Option to Require Public 

Hearing, the Zoning Administrator shall review the application for compliance 

with the Zoning Code. The Zoning Administrator shall approve, approve with 

modifications and/or conditions, or deny the application and shall set forth any 

proposed findings and decision on a Notice of Administrative Decision. The 

Notice of Administrative Decision shall be mailed to the applicant by first 

class mail within 45 days from the filing of the application. 

6. Appeal. Decisions of the Zoning Administrator on Administrative Use Permits 

may be appealed to the Planning Commission pursuant to the procedures set 

forth in Section 5.2011: Procedures for Appeals. The Planning Commission’s 

decision shall be final. The Planning Commission shall have the authority to 

uphold, modify, or overrule the decision of the Zoning Administrator. The 

Town Council may, however, certify for its review any action of the 

Commission regarding an AUP as provided for in Article 5.10: Appeals of 

Dedications, Exactions and Zoning Regulations and Reconsideration of Certain 

Decisions. 

B. Conditional and Special Use Permits. The following procedures shall apply to 

applications for Conditional and Special Use Permits: 

1. Application. An application for a Conditional or Special Use Permit shall be 

filed with the Development Services division in accordance with the 

application procedures set forth in Article 5.2: Common Procedures. 

2. Public Notice. Public notice shall be provided in accordance with the public 

notification procedures set forth in Section 5.205: Notice of Public Hearings. 

3. Staff Report. The Director shall prepare and transmit to the Planning 

Commission a staff report, including an analysis and recommendation, setting 

forth any proposed findings and conditions upon which the Commission may 

base its decision. 



4. Public Hearing. The Planning Commission shall conduct a public hearing in 

accordance with the procedures set forth in Section 5.206: Public Hearing 

Procedures. 

5. Action. The Planning Commission may approve, approve with modifications 

and/or conditions, or deny special and conditional use permits. If the Planning 

Commission fails to take action within 90 days after closing the public hearing, 

the Planning Commission shall be deemed to have denied the application. 

6. Appeal. Decisions of the Planning Commission may be appealed to the Town 

Council pursuant to the procedures set forth in Section 5.2011: Procedures for 

Appeals. The Town Council’s decision shall be final. The Town Council shall 

have the authority to uphold, modify, or overrule the decision of the Planning 

Commission. The Town Council may, however, certify for its review any 

action of the Commission regarding a Use Permit as provided for in Article 

5.10: Appeals of Dedications, Exactions and Zoning Regulations and 

Reconsideration of Certain Decisions. 

5.403 Required Findings 

The Planning Commission or the Zoning Administrator, in the case of Administrative Use 

Permits, shall approve, approve with modifications and/or conditions, or deny a use permit 

after making findings of fact set forth in this section. 

A. Findings Required for Approval of Administrative Use Permit. The Zoning 

Administrator may approve an Administrative Use Permit as submitted or modified 

only upon making the following findings: 

1. The proposed use will not be detrimental to the health, safety, or general 

welfare of persons living or working in the vicinity, to adjacent property, to the 

neighborhood, or to the public in general; 

2. The proposed use conforms with the purposes, intent, and policies of the 

General Plan and its policies and any applicable area, neighborhood, or other 

plan officially adopted by the Town Council; 

3. The proposed use conforms with the conditions, requirements, or standards 

prescribed by the Zoning Code and any other applicable local, State, or Federal 

requirements; and 

4. The proposed use, as conditioned, would not unreasonably interfere with the 

use and enjoyment of nearby properties. 



B. Findings Required for Denial of Administrative Use Permit. If the Zoning 

Administrator is unable to make the required findings for approval, he shall deny the 

application, in which case he shall state in writing the reasons for that determination. 

C. Finding Required for Approval of Conditional Use and Special Use Permits. The 

Planning Commission may approve a Conditional Use Permit or Special Use Permit as 

submitted or modified only upon making the following findings: 

1. The proposed use will not be detrimental to health, safety, or general welfare 

of persons living or working in the vicinity, to adjacent property, to the 

neighborhood, or to the public in general; 

2. The proposed use conforms with the purposes, intent, and policies of the 

General Plan and its policies and any applicable area, neighborhood, or other 

plan adopted by the Town Council; 

3. The proposed use conforms with the conditions, requirements, or standards 

required by the Zoning Code and any other applicable local, State, or Federal 

requirements; and 

4. The proposed use, as conditioned, would not unreasonably interfere with the 

use and enjoyment of nearby properties. 

D. Additional Finding Required for Approval of Special Use Permit. In addition to the 

findings required for approval in Section 5.403.C: Finding Required for Approval of 

Conditional Use and Special Use Permits, in order to approve a Special Use Permit the 

Planning Commission shall find that the proposed location is reasonably necessary to 

meet the objectives of the proposed use based on technical requirements. 

E. Findings Required for Denial of Conditional Use and Special Use Permits. If the 

Commission is unable to make the required findings for approval, it shall deny the 

application, in which case the Chair shall state in writing the reasons for that 

determination. 

5.404 Expiration; Modifications; Revocation 

A. Expiration. A use permit shall automatically expire 2 years from its effective date 

unless either of the following has occurred: 

1. Commencement of the use, or 

2. Commencement of construction pursuant to a valid building permit. 

B. Modifications. No change is permitted in the use or structure for which a use permit 

has been issued except as follows: 



1. Administrative Use Permit. The Zoning Administrator may approve 

modifications to any Administrative Use Permit. Modifications are limited to 

reasonable changes to the Administrative Use Permit that do not substantially 

alter a Final Design Review approval or any condition of the Administrative 

Use Permit. The Zoning Administrator shall provide written records of the 

decision and supportive findings. 

2. Conditional Use and Special Use Permits. Modifications to a Conditional or 

Special Use Permit may be granted by the decision-making body pursuant to 

the procedures set forth in Article 5.2: Common Procedures. 

C. Revocation. A use permit may be revoked by the decision-making body following a 

public hearing if the use ceases for a period of 90 consecutive days, or because of 

failure to comply with the conditions of the use permit. 

1. Initiation of Revocation. Proceedings for the revocation of a use permit may 

be initiated by the Zoning Administrator. The Zoning Administrator shall 

prepare a written report to the decision-making body that contains the 

following information: 

The use permit to be revoked, 

a. The property to which the permit applies; and 

b. The reason or reasons for the proposed revocation. 

2. Notice of Revocation Hearing. 

Notice of a revocation hearing shall be given by first class mail at least 15 days prior to the 

hearing as follows: 

(1) To the property owner of record; 

(2) To the property address; and 

(3) To the business address. 

a. Notice of the public hearing shall be published at least 15 days prior to 

the date of the hearing at least once in a newspaper of general 

circulation published or circulated within the Town of Gilbert. 

b. Notice shall be posted at least 15 days prior to the date of the hearing at 

4 public places within the Town designated by Town Council 

resolution for posting of public notices. 

3. Hearing. The revocation hearing shall be held in accordance with the 

procedures for public hearing set forth in Section 5.206: Public Hearing 

Procedures. 



4. Required Findings. In order to revoke the use permit, the decision-making 

body shall make one or more of the following findings: 

One or more of the terms of conditions of the use permit have been violated or there has been 

a violation of other applicable laws or regulations; 

a. The use has ceased for at least 90 consecutive days and the applicant 

has not demonstrated any circumstances justifying the cessation of use. 

5. Action. Upon revocation of the use permit, the Zoning Administrator shall set 

forth the decision in a Notice of Decision describing the decision-making 

body’s action, with its findings. The Notice of Decision shall be mailed to the 

applicant by first class mail and to: 

To the property owner of record; 

a. To the property address; and 

b. To the business address. 

5.405 Appeals 

A. Conditional and Special Use Permits. Decisions on a Conditional and Special Use 

Permits may be appealed to the Town Council pursuant to the procedures set forth in 

Section 5.2011: Procedures for Appeals. 

B. Administrative Use Permits. Decisions on an Administrative Use Permits may be 

appealed to the Planning Commission pursuant to the procedures set forth in Section 

5.2011: Procedures for Appeals. 

5.406 Effective Date of Permit 

The effective date of the use permit shall be the 11 th day after the approval, unless the action 

is appealed in accord with Section 5.2011: Procedures for Appeals. No building, grading, or 

construction permit shall be issued until the use permit becomes effective.

Article 5.4: Use Permits - Town of Gilbert

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